Change in circumstances. HELP

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Stueyspur23

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Post by Stueyspur23 » Mon May 11, 2009 8:08 pm
HI, please can someone give me some sound advice?

I recently started my IVA and now my problems have really started! I am in a situation where my flatmate moved out at short notice and obviously at this point my IVA had started, so now my I&E has completely changed. I am now struggling to get someone to share my place, and have already got permission to postpone my IVA payments, having only made one payment, my IP has been brilliant. My next payment is suspended til the 1st July and i am concerned i will not get anyone til well after that. They have advised me that i have 9 available defferred payments before the IVA fails, but to be honest i dont want to use them all in the first year!

They have offered me the chance to redo my income and expenditure, but my flatmate was paying me 350 a month and my payment is 374. This means effectively my new disposable is 24 quid plus another 25 for the reduction in council tax!

I suppose bancruptcy is an option but with that i would lose my home and job as i am a manager and i rent with a tenancy agreement.

Can someone offer some soothing answers please?

Stu
 
 

kallis3

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Post by kallis3 » Mon May 11, 2009 8:11 pm
Stu, so sorry to hear your news. Great that your IP is being supportive though.

I would hang fire for a while to see if you can find another tenant. You have a while before you need to make your next payment.

I hope you find someone soon.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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Stueyspur23

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Post by Stueyspur23 » Mon May 11, 2009 8:12 pm
Yes but the only issue with that is i am being a worrier! What happens if come the last week of June i still have no-one? Would they allow me to defer a couple more? Surely it cant be that hard to find someone!?
 
 

MelanieGiles

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Post by MelanieGiles » Mon May 11, 2009 8:15 pm
How on earth do you manage to get the benefit of 9 deferred payments into the IVA? I would have thought that the maximum possible would be three, without creditor agreement?

Could you quote the terminology from your IVA proposal which allow this leeway please?
Regards, Melanie Giles, Insolvency Practitioner
 
 

Stueyspur23

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Post by Stueyspur23 » Mon May 11, 2009 8:25 pm
Melanie, maybe i got this wrong...i meant payment holidays (is that what you thought i meant?)
 
 

MelanieGiles

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Post by MelanieGiles » Mon May 11, 2009 8:28 pm
Yes - there should be no provision for payment holidays within an IVA proposal, only provisions for dealing with missed payments should they arise. "Payment holidays" whether authorised or not should not be relied upon moving forward. Would be very keen to see how this has been included in your IVA.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Stueyspur23

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Post by Stueyspur23 » Mon May 11, 2009 8:31 pm
Ok I will dig out the proposals. Would you like me to let you see them? What would your advice be to me in my situation, as believe me i dont want be reliant or assuming of such a clause anyway, i just want to know what my options potentially would be, i guess bancruptcy would be suggested but then comes the issue of my job! Can you give me any pointers Melanie?
 
 

Stueyspur23

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Post by Stueyspur23 » Mon May 11, 2009 8:59 pm
Or anyone else for that matter!!
 
 

MelanieGiles

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Post by MelanieGiles » Mon May 11, 2009 9:00 pm
I can help if you post the wording of your proposal on the forum. Just the bit relating to "payment holidays".
Regards, Melanie Giles, Insolvency Practitioner
 
 

ricbro

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Post by ricbro » Mon May 11, 2009 9:34 pm
I was actually told by my 'care team' that my IVA was to be taken out over 69 months, with the extra 9 months being put in place in case of emergency payment breaks, she did say that this did not mean Christmas or holidays or birthdays
 
 

MelanieGiles

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Post by MelanieGiles » Mon May 11, 2009 10:09 pm
But where does the provision for this nine months come from? I cannot believe that creditors would agree to an IVA based upon such leeway. Does it actually say this in your proposal? And which firm are you with?
Regards, Melanie Giles, Insolvency Practitioner
 
 

ricbro

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Post by ricbro » Mon May 11, 2009 10:13 pm
It doesn't say it in the proposal, this is what one of the Payplan staff told me. Personally I'm hoping not to ever have to take a payment break, that's my plan
 
 

kallis3

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Post by kallis3 » Mon May 11, 2009 10:16 pm
I've not heard that from Payplan before.

We have the standard three months missed payments before the IVA fails and that's it. Nothing extra in case of emergencies.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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ricbro

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Post by ricbro » Mon May 11, 2009 10:20 pm
They must have made a few changes then Jan, this is what they told me, they also want all of my payslips, and I get 5 a month.
 
 

kallis3

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Post by kallis3 » Mon May 11, 2009 10:26 pm
Odd. You would think that the things required throughout the year would be standard, and that missed payments would be the same for everyone.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
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